The “me too” movement shed further light on how survivors of sexual assault and harassment experience victim-blaming and other types...
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This article will provide general information for survivors about bringing a claim.
You are the claimant/plaintiff who is making the claim. The respondent/defendant is the person/entity who defends the claim. Many people think that the person who caused the incident pays the compensation. This is not always the case. If they are insured, their insurance company will cover the cost of appointing solicitors to defend your claim, and if you are successful, it is the insurance company who pays the compensation – not the person at fault.
In assessing your damages, the following considerations are relevant:
These are the main heads of damage on which your claim will be assessed. An assessment of the value of your claim is not able to be done until your injuries have stabilised and all of the relevant evidence has been received.
Most cases settle out of court. In order to be successful, you need to prove that someone else caused the incident. If it is unclear who caused the incident, or there is a dispute about how much compensation you should receive, we need to be ready to go to court if necessary.
Each case will be different and depend on various factors, including but not limited to:
If you are successful in obtaining compensation, there will be amounts you may need to pay from the compensation you receive. These things include:
Another common question is whether income tax is payable on the amount of compensation received. Whilst this is not generally the case, we recommend that if you have any concerns about this, you obtain advice from an Accountant.
We are specialist abuse lawyers and can help you receive acknowledgement, meaningful apology and financial resolution from those institutions and systems of power that failed to protect you from harm. If you would like advice in relation to a childhood or adult sexual, physical and/or psychological/emotional abuse claim, please reach out to the author and Littles Lawyers today.
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